1. DEFINITIONS AND INTERPRETATION

‘Agent’: The travel agency nominating employees to be trained as Aussie Specialists.

‘Annual Renewal Fee’: The annual fee (if any) specified from time to time by the Principal (taking into account, at the Principal`s discretion, the performance of the Agent and the number of agents appointed by the Principal) as being payable for the Aussie Specialist employed by the Agent to retain Aussie Specialist status.

‘Appointment Period’: twelve months from date of enrolment (inclusive of the training period) and each successive period of twelve months.

‘Aussie Specialist’: A Nominated Person who has successfully completed the Principal’s training course and been accredited with such status.

‘Initial Registration Fee’: The cost (if any) for Training materials and Referrals is as specified on the registration form for Aussie Specialist Membership.

‘Intellectual Property’: Any patent, copyright, registered design, trademark or other industrial or intellectual property right subsisting in respect of the information supplied by the Principal, and applications for any of the foregoing.

‘Nominated Person’: The individual employee of the Agent who is either receiving training for or has been granted Aussie Specialist status.

‘Principal’: Tourism Australia (ABN 99 657 548 712) of Darling Park Tower 2, Level 18, 201 Sussex St, Sydney NSW, Australia.

‘Restricted Information’: Any information which is disclosed to the Agent or the Aussie Specialist by the Principal pursuant to or in connection with the performance of this Agreement (whether orally or in writing and whether or not such information is expressly stated to be confidential or marked as such). Restricted Information does not include information which is or becomes part of the public domain through no fault of the Agent of Aussie Specialist, or is required to be disclosed by law, a government authority, or for the purpose of obtaining legal or financial advice.

‘You’: the Agent and the Aussie Specialist jointly and severally.

Any reference in this Agreement to ‘writing’ or like expressions includes a reference to telex, cable, facsimile, transmission, electronic mail or comparable means of communication.

The headings in this Agreement are for convenience only and shall not affect its interpretation.

2. REGISTRATION AND RENEWAL

On completion of registration (which shall be undertaken electronically by way of the Principal`s website), the Principal shall provide the Nominated Person with electronic access to training materials.

On successful completion of all training modules together with a final examination, the Nominated Person will be awarded non-exclusive Aussie Specialist status for the first Appointment Period by the Principal, and the Aussie Specialist and the Agent hereby agree to act in that capacity subject to the Terms and Conditions set out herein. On expiry of each Appointment Period, the Aussie Specialist can apply for Aussie Specialist status to be renewed, such renewal to be conditional upon: payment of the Annual Renewal Fee (if any); provision by the Aussie Specialist to the Principal of such details of the business of the Aussie Specialist as the Principal shall reasonably require; the successful completion by the Nominated Person of the renewal tests imposed from time to time by the Principal; and the Principal being satisfied that the Aussie Specialist is providing the suitable level of customer service.

Neither the Initial Registration Fee (if any) nor the Annual Renewal Fee (if any) shall be refundable on the withdrawal of Aussie Specialist status in accordance with Clause 5 below.

At the discretion of the Principal, any training/training materials may be given face-to-face at a location nominated by the Principal or via the Principal`s website and where training is by website the Agent shall be responsible for procuring such access to the website as is required to enable it to receive such training.

The award of Aussie Specialist status to a Nominated Person shall entitle the Agent as the employer of the Nominated Person to advertise itself as having the services of an Aussie Specialist whilst the Nominated Person remains in the employ of the Agent in accordance with this Agreement.

3. DUTIES OF THE AUSSIE SPECIALIST AND AGENT

The Agent and the Aussie Specialist shall use their respective best endeavours to promote and market travel to and tourism in Australia; they shall conduct the promotion and marketing of travel to and tourism in Australia with all due care and diligence and shall cultivate and maintain good relations with customers and potential customers in accordance with sound commercial principles

The Agent shall procure that its Nominated Persons shall: make themselves available at all reasonable times and upon reasonable notice to the Principal for the training provided by the Principal in respect of Aussie Specialist status, and for consultation and advice relating to this Agreement and travel to and tourism in Australia, at the expense of the Agent attend meetings with representatives of the Principal and such customers or prospective customers as may be reasonable and necessary for the proper performance of its duties hereunder, attend such exhibitions and other sales outlets as the Principal or the Agent may think commercially suitable for the purpose of promoting travel to and tourism in Australia, and be employed at the offices of the Agent for at least twenty (20) hours per week.

The Agent shall, subject to clause 5 below, be permitted to describe itself as having the services of an Aussie Specialist in respect of travel to and tourism in Australia.

The Agent and Aussie Specialist must not hold itself out or permit any person to hold it out as being authorised to bind the Principal in any way, and not do any act which might reasonably create the impression that it is so authorised.

The Agent shall promptly inform the Principal of any complaint concerning its Nominated Person which it receives and keep the Principal fully indemnified against all costs, claims, demands and expenses incurred or received arising out of the services provided by the Agent and/or the Aussie Specialist hereunder. The Agent shall not engage in any conduct which in the opinion of the Principal is prejudicial to the Principal or the marketing of tourism in and travel to Australia generally.

4. WITHDRAWAL OF AUSSIE SPECIALIST STATUS

The Principal shall be entitled to withdraw Aussie Specialist status immediately if: (a) either the Aussie Specialist and/or the Agent commit any breach of these Terms and Conditions and in the case of a breach capable of remedy fails to remedy the same within 30 days after the receipt of a written notice from the Principal giving full particulars of the breach and requiring it to be remedied; or (b) the Aussie Specialist is not available at the offices of the Agent for at least 20 hours per week in accordance with Clause 3; or (c) the performance or service provided by the Aussie Specialist is not adequate in the reasonable opinion of the Principal. If the Aussie Specialist’s status is withdrawn at any time for whatever reason the Agent shall lose the right to hold itself out as having the services of an Aussie Specialist and to advertise itself as such.

5. CONFIDENTIALITY

The Agent and the Aussie Specialist shall at all times during the continuance of this Agreement and after its termination use their best endeavours to keep all Restricted Information confidential and accordingly not disclose any Restricted Information to any other person; and not to use any Restricted Information for any purpose other than the performance of its obligation under this Agreement.

6. INTELLECTUAL PROPERTY

Nothing in these terms and conditions shall give the Agent or the Aussie Specialist any rights in respect of any trade names or trade marks used by the Principal in relation to Aussie Specialist status, and the Agent and Aussie Specialist hereby acknowledge that except as expressly provided in these Terms and Conditions it shall not acquire any rights in respect thereof, and that all such rights are and remain vested in the Principal. The Agent or Aussie Specialist shall not use any trade marks or trade names so resembling those of the Principal as to be likely to cause confusion or deception.

7. INDEMNIFICATION

You agree that under no circumstances shall the Principal be liable for any of Your acts, omissions, debts, or other obligations, or those employees, agents, or representatives in connection with dealings which You may have with, or services You may provide to, any consumers referred by the Principal. You further agree to indemnify and hold the Principal harmless from and against any and all claims, lawsuits, or actions of any nature, and those costs of defending against such claims, lawsuits or actions (including attorneys’ fees), arising directly or indirectly from, as a result of, or in connection with dealings which You, Your employees, agents, or representatives You may have with, or services which You, Your employees, agents, or representatives may provide to, any consumer referred by the Principal.

8. APPLICABLE LAW AND DISPUTE RESOLUTION

Any dispute arising under this Agreement or from Your participation in the Aussie Specialist Program shall be governed by the laws of the State of New South Wales, Australia. You agree to submit any dispute arising under or concerning this Agreement to the courts of New South Wales, Australia.

9. LICENCE TO USE LOGO

The Principal is the owner of the Aussie Specialist Program name and logo (‘the Trade Mark’). In consideration of Your participation in the Aussie Specialist Program, the Principal grants You a non-exclusive license to use the Trade Mark, for the duration of your membership of the Aussie Specialist Program, on the following conditions:

(a) You must ensure that reproductions of the Trade Mark meet minimum quality and size requirements specified by the Principal from time to time;

(b) You must use the phrase ‘tm Tourism Australia’ together with the Trade Mark wherever possible.

(c) You must not allow or authorise others to use the Trade Mark;

(d) You must not register or apply to register any trade marks, domain names, trading names or other names which include the Trade Mark, or are substantially identical or deceptively similar to the Trade Mark;

(e) You must not use the Trade Mark in any way which is illegal or is likely to damage the Trade Mark or the reputation of the Principal; and

(f) You must indemnify the Principal against any action, claim, cost, demand, cause of action, proceedings, loss or damage which the Principal may incur or become liable for as a result of Your use of the Trade Mark.

This licence shall be automatically revoked in the event of the expiration or termination of this Agreement.

10. ENTIRE AGREEMENT

The Agreement shall constitute the entire agreement between You and the Principal regarding Your participation in the Aussie Specialist Program, and supersedes any prior agreements between You and the Principal relating to the Aussie Specialist Program.

11. EFFECT OF UNENFORCEABLE PROVISION

In the event that any provision of this Agreement is held unenforceable, invalid, or contrary to public policy, the remainder of this Agreement will remain in full force and effect notwithstanding.

12. PRIVACY NOTICE

The Principal values your privacy. All personal information You provide to the Principal will be treated in accordance with the Principal’s Privacy Policy and these terms and conditions. By joining the Aussie Specialist Program, You consent to the following:

(a) Storage of Your personal information on databases owned or authorized by the Principal;

(b) The disclosure of Your personal information to the Principal’s industry partners, State tourism offices, contractors or agents of the Principal who assist the Principal to operate the Aussie Specialist Program after you have completed relevant Aussie Specialist Program modules; and

(c) The Principal, the Principal’s industry partners, and State tourism offices using Your personal information to send you offers and information for Aussie Specialists after you have completed relevant Aussie Specialist Program modules.

If You do not consent to Your personal information being used in this way, please email privacy@tourism.australia.com, or specialists@tourism.australia.com.